Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 57 contracts
Samples: Subscription Agreement (Quicklogic Corporation), Subscription Agreement (Active Power Inc), Subscription Agreement (Uni-Pixel)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 30 contracts
Samples: Subscription Agreement (Navios Maritime Acquisition CORP), Placement Agency Agreement (Star Bulk Carriers Corp.), Subscription Agreement (DryShips Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 25 contracts
Samples: Subscription Agreement (Regnum Corp.), Placement Agent Agreement (Tecogen Inc.), Subscription Agreement (Tonix Pharmaceuticals Holding Corp.)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 21 contracts
Samples: Subscription Agreement (Navios Maritime Partners L.P.), Subscription Agreement (Navios Maritime Partners L.P.), Subscription Agreement (XOMA Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 17 contracts
Samples: Subscription Agreement, Subscription Agreement (CytoDyn Inc.), Subscription Agreement (CytoDyn Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and the Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and the Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 6 contracts
Samples: Subscription Agreement (Speed Commerce, Inc.), Subscription Agreement (Lucas Energy, Inc.), Subscription Agreement (Catalyst Pharmaceutical Partners, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date, all as set forth in this Annex I and in the Subscription Agreement to which it is attached.
Appears in 6 contracts
Samples: Subscription Agreement (Marijuana Co of America, Inc.), Subscription Agreement (Eco Innovation Group, Inc.), Subscription Agreement (Aegis Identity Software, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 6 contracts
Samples: Subscription Agreement (Great Basin Scientific, Inc.), Subscription Agreement (Great Basin Scientific, Inc.), Subscription Agreement (Great Basin Scientific, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 5 contracts
Samples: Subscription Agreement (Dakota Plains Holdings, Inc.), Subscription Agreement (BPZ Resources, Inc.), Subscription Agreement (Headwaters Inc)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: to (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 4 contracts
Samples: Subscription Agreement (KalVista Pharmaceuticals, Inc.), Subscription Agreement (Rezolute, Inc.), Subscription Agreement (Helius Medical Technologies, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 4 contracts
Samples: Subscription Agreement (GeoVax Labs, Inc.), Subscription Agreement (GeoVax Labs, Inc.), Subscription Agreement (GeoVax Labs, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Notes to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Notes being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Placement Agent Agreement (Harvest Natural Resources, Inc.), Subscription Agreement (Harvest Natural Resources, Inc.), Subscription Agreement (Harvest Natural Resources, Inc.)
Conditions to the Company’s Obligations. The In addition to any other conditions set forth herein, the Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price Purchase Price for the Units Shares being purchased hereunder as set forth on the Signature Page and (iib) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Rentech Inc /Co/), Subscription Agreement (China Ritar Power Corp.), Subscription Agreement (Rentech Inc /Co/)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price in cleared funds for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date, all as set forth in this Annex I and in the Subscription Agreement to which it is attached.
Appears in 3 contracts
Samples: Placement Agency Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.), Subscription Agreement (Aina Le'a Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Purchase Price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Beacon Power Corp), Subscription Agreement (Beacon Power Corp), Subscription Agreement (Beacon Power Corp)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (VirnetX Holding Corp), Subscription Agreement (VirnetX Holding Corp), Subscription Agreement (Dendreon Corp)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt delivery by the Company Investor, in accordance with the provisions of this Agreement, of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Houston American Energy Corp), Subscription Agreement (Houston American Energy Corp), Subscription Agreement (Magnum Hunter Resources Corp)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Securities being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Biodelivery Sciences International Inc), Subscription Agreement (Athersys, Inc / New), Subscription Agreement (Biodel Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price Purchase Price for the Units Shares being purchased hereunder as set forth on the Signature Page signature page hereto and (iib) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Long Blockchain Corp.), Subscription Agreement (Long Island Iced Tea Corp.), Subscription Agreement (Long Island Iced Tea Corp.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (iib) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Genta Inc De/), Placement Agent Agreement (Metabasis Therapeutics Inc), Subscription Agreement (Genta Inc De/)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Purchase Price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Smith Micro Software Inc), Subscription Agreement (Javelin Pharmaceuticals, Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the Company having accepted the Investor’s offer to purchase the Units, which shall be evidenced by the Company countersigning this Agreement; (ii) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page Page; and (iiiii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateClosing.
Appears in 2 contracts
Samples: Subscription Agreement (Wireless Ronin Technologies Inc), Subscription Agreement (Wireless Ronin Technologies Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units Shares and Warrants being purchased hereunder as set forth on the Signature Page Page, and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Moleculin Biotech, Inc.), Subscription Agreement (Moleculin Biotech, Inc.)
Conditions to the Company’s Obligations. (a) The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: to (i) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Bellerophon Therapeutics, Inc.), Subscription Agreement (Kadmon Holdings, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (Lpath, Inc), Subscription Agreement (Lpath, Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares to the Investor shall be subject to: (i) the receipt by the Company of the aggregate purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units and the Series B Warrants to the Investor shall be subject to: (i) the receipt by the Company of the aggregate purchase price for the Units and Series B Warrants being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Clean Diesel Technologies Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company following release from escrow of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page signature page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the aggregate purchase price for the Units being purchased hereunder as set forth on the Signature Page and Page, (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateDate and (iii) the satisfaction of the conditions set forth in Section 7 of the Placement Agreement.
Appears in 1 contract
Samples: Subscription Agreement (Alexza Pharmaceuticals Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (iib) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Securities to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Aggregate Purchase Price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateClosing.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall will be subject to: (i) to the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy in all material respects of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date. 3 Note: Language regarding simultaneous closings in this Section 2.2 is for Venrock only.
Appears in 1 contract
Samples: Purchase Agreement (Xenoport Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date. Notwithstanding any additional listing application with Nasdaq Capital Market, or any other listing requirements, the Company shall be unconditionally obligated to issue and sell the Units to the Investor.
Appears in 1 contract
Samples: Subscription Agreement (Oxygen Biotherapeutics, Inc.)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page Page; and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall will be subject to: to (i) the receipt by the Company of the aggregate purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Common Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Common Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor pursuant to this Agreement, including the Terms and Conditions for Purchase of Units, and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing DateDate pursuant to this Agreement, including the Terms and Conditions for Purchase of Units.
Appears in 1 contract
Samples: Placement Agent Agreement (Critical Therapeutics Inc)
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and in a manner permitted by Section 3.3 below and (ii) the accuracy of the representations and warranties made by the Investor set forth in this Agreement and the fulfillment of those undertakings of the Investor set forth in this Agreement to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and in a manner permitted by Section 3.3 below and (ii) the accuracy of the representations and warranties made by the Investor set forth in this Agreement and the fulfillment of those undertakings of the Investor set forth in this Agreement to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. (a) The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units Shares to the Investor shall be subject to: (ia) the receipt by the Company of the purchase price for the Units Shares being purchased hereunder as set forth on the Signature Page and (iib) the accuracy of the representations and warranties made by the Investor in this Agreement and the fulfillment of those undertakings of the Investor in this Agreement to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price Purchase Price for the Units being purchased hereunder as set forth on the Signature Page Page, (ii) an executed Form W-9 and (iiiii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (Idera Pharmaceuticals, Inc.)
Conditions to the Company’s Obligations. The Company’s 's obligation to issue and sell the Units to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
Conditions to the Company’s Obligations. The Company’s obligation to issue and sell the Units Shares and, if applicable, the Warrants to the Investor shall be subject to: (i) the receipt by the Company of the purchase price for the Units being purchased hereunder aggregate Purchase Price as set forth on the Signature Page and (ii) the accuracy of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.
Appears in 1 contract
